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Law Offices Of David Bliven
Law Offices Of David Bliven
  • White Plains Office 19 Court Street
    Suite 206
    White Plains, 10601
  • Bronx Office 3190 Riverdale Avenue
    Suite 1
    Bronx, NY 10463

“Can I Keep My Son If We Don’t Have A Custody Order ?”

  • By: David Bliven
  • Published: July 28, 2022

Q: “My son’s mother let me get our son for the summer. I live in Louisiana, and while he’s been here he’s been telling my wife and I how he needs to be on the look out for robbers and he needs a knife for high school (he lives in Yonkers). His grandfather has been to jail for stabbing someone. I was wanting to keep him here with me. I have a room for him and my wife is a stay at home mom. We also think he might be special needs and his mom has said nothing to me about this . He needs a diaper to sleep and he is on growth hormone medication; he says he has dyslexia. He’s going on 14 in October. She just sent a petition for paternity and child support.”

A: “The short answer is no – if the child had been historically residing primarily with the mother, then you may not simply “keep” the child. Instead, you should file a custody petition in Westchester Family Court if you want the child to live with you. If there are urgent/emergency issues, then you should couple your petition with an order to show cause. Schedule a consult with a Westchester Family Law Attorney for a full assessment.”

David Bliven, Esq.

Serving primarily White Plains and the Bronx, we provide
guidance for a range of family law considerations
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